When you are facing an open criminal case in Texas, the immediate uncertainty can be overwhelming. On top of managing the legal process, the anxiety over how this might impact your job prospects is a very real burden. You deserve an honest, clear answer to this crucial question.
The short answer is yes, an open criminal case can certainly affect your potential job in Texas. However, understanding the law and your rights is the first step toward protecting your future.
The Difference Between Arrest and Conviction
It is vital to distinguish between an arrest (which leads to an open case) and a conviction (which is a final judgment).
Federal guidance from the Equal Employment Opportunity Commission (EEOC) states that employers should be very cautious when making hiring decisions based solely on an arrest record that did not lead to a conviction.
However, an open, pending criminal case—whether a felony or a misdemeanor—is different. An employer in Texas, an "at-will" state, is generally permitted to consider a pending charge when making hiring decisions. Because a pending case is publicly available information, it is accessible to employers who run criminal background checks.
What an Employer May See
Most employers utilize background check companies that search publicly available records. If you have an open case:
The Charge is Public: The record of the arrest and the pending charge are often a matter of public record, meaning they can appear on a standard background check.
Employer Discretion: An employer is within their rights to deny employment based on the conduct underlying the arrest, especially if they can demonstrate that the charge is "job-related" and consistent with "business necessity." For instance, a pending theft charge would likely be job-related for a bank teller position.
This is where the fear becomes reality: a company may legally decide not to hire you based on the potential risk they perceive from an unresolved legal matter.
Proactive Steps You Can Take
While you cannot hide an open criminal case, you can take a strategic, proactive approach to minimize its impact:
Seek Legal Resolution Quickly: The fastest way to mitigate the risk is to resolve the case. A skilled attorney can work toward a swift and favorable outcome—a dismissal, a reduction in charges, or a non-disclosure order—that limits the public information available to employers.
Be Prepared to Explain: If you are asked about your background, you need a thoughtful, professional explanation ready. You do not need to overshare, but you should be prepared to discuss the situation and, more importantly, highlight your qualifications, dedication, and commitment to the job.
Know Your Rights: Federal laws protect against discrimination, but navigating the nuances of Texas employment law requires expert guidance. Understanding what an employer can and cannot ask, and when they can use this information, is critical.
Protect Your Future
Your career and your livelihood are too important to leave to chance. An open criminal case does not have to be a closed door to employment, but it is a challenge that must be handled strategically.
If you are a Texas resident facing an open criminal case and are concerned about your employment future, the best defense is a powerful offense. Do not wait for a job offer to be rescinded. Contact The Alband Law Firm today for a confidential consultation at (817) 997-4366. We are here to help you fight for the best possible outcome and protect your path forward.